The Marital Property System Vicissitude Exam-Traditional Marriage Ethics Concept Gradually Transition To The Modern Contract

People as the basic unit in the marriage and family, reflected in marriage and family law, map it to the public in reality the evolution of the concept of marriage and marital status.Along with the development of The Times, the progress of the society, people have gradually come on nature completely locked, become independent and autonomous, reflected in the marriage and family, it is people's more and more attention of the marital property relationship, and marriage in the pursuit of the idea of rights, freedom and equality, also makes the concept of the marriage contract is accepted by people gradually.Following the pace of social development, the adjustment of the property relations in marriage cannot simply continue to use traditional ethics in the society has strong identity of traditional ethics, and should gradually absorb and use the related theory of contract.Marriage and family involve two aspects of personal relationship and property relationship, under the condition of natural economy dependent on ethical social identity relationship, will eventually be with the enrichment of the material and the contract society.The transformation and transition of the society, however, were not sudden thing, but a process of constant progress.Marriage law, the author through the study of our country before and after the founding of the history of the discovered such a general clue: husband and wife property relation in our country's legislation from the inequality between husband and wife of the evolution process of the gradually equality between husband and wife.Traditional marriage system in ancient China, based on legal content, the roles as the main stem of the patriarchal hierarchy, core idea is the husband of absolute dominance in the marriage and family, his wife in a position of obedience, the inequality between the two is absolute, no any unfair;After the Qing dynasty perish, the Republic of China was established, gradual destruction of the traditional patriarchal hierarchy, equality between men and women of the western thoughts gradually affect people's concept of marriage and family and life;Until the founding of new China, the marriage and family relations of equality of men and women was finally established.From the birth of 1950, the reconstruction of the 1980 to 2001, 2003, 2011, the three times of revision and interpretation, in the process of constantly improving, the residual in the fade of traditional marriage ethics, while the concept of contract spiritgradually, and also plays a role, gradually influence the social people's ideology.In 1950, China promulgated the new China's first law, the marriage law, it, undertake the task of the blow away the cobwebs arises at the historic moment.It is the first socialist nature of the marriage law in our country, establish the principles of freedom of marriage, equality between men and women;The "marriage law" in 1980 is the marriage and family relations of the late cultural revolution adjustment and protection, it put forward on the basis of in 1950 allows the couple agreed property system in property rights shall content;Since 2001, in view of the reform and opening up new situation and new problems in the field of marriage and family, "marriage law" has made a comprehensive revision, respect the free will of the parties, the more detail of the content of the husband and wife agreed property, and added in the system of divorce of husband and wife of the content of the right of claim for compensation, reflects the marriage law is more and more attention to the freedom and equality of the parties and independent personality orientation;On the basis of the three judicial interpretation of the marriage law of 2001 further implement the concept of democracy, freedom and equality, make the marriage property system of the deepening further implement on the path of freedom and equality.This article through to our country "marriage law" the context of the development course of the comb, especially the marriage law of the People's Republic of China and its judicial interpretation of the study, to illustrate about marital property system in marriage and family law of the People's Republic of China that the changes of the content and evolution, the trend is to "contract" from traditional ethics to the modern one of the best proof, from female subordination to the equality between men and women, from the freedom of marriage is not to the marriage, from the family standard to individual standard.Chapter 1, before the founding of the marital property system in China to discuss the change, with the help of the changes of thousands of years of marriage to draw out the starting point of this discussion-- Chinese traditional ethics.Before the founding of the apparent ethics help with after the founding of the institution of marriage changes obvious contrast, can more clear train of thought of this article.The second chapter, through to the legislation of several times after the founding of new China, correction, and of the judicial interpretation about the marital property system in theory, to tease out a significant change trend, that is, from the change of the traditional ethics to the modern contract.The third chapter, on the basis of the former two parts, from the Angle of jurisprudence,combing the overall context of marital property system in China step by step, and how the concept of contract is introduced in the marital property system in China.The conclusion of the last part of this paper summarizes the test theory, and obtained a based on productivity development, political and economic system change with the change of the traditional ethics to the modern contract process.